Ex-official Takes Risk By Facing Hearing

February 6, 1986|By Brian Kaufman, Staff Writer

MARGATE — Former Margate City Commissioner David McLean could end up paying many times more the $100 settlement he previously agreed to when a public hearing on his alleged ethics violation is held, according to the state`s prosecutor in the case.

``It is his right to have a public hearing . . . but because of the tremendous cost it just seems reasonable`` to have him foot the costs of the hearing if he`s found guilty, said J.B. Donnelly, assistant state attorney general and chief prosecutor in the case.

But McLean says he`s willing to run the risk of paying more money in order to clear his name.

``I didn`t know what I was doing was against the law,`` McLean said. ``My counselor mislead me. I`m not trying to pin the blame on anybody, but if it had been done differently it never would have happened.``

The state Ethics Commission charges McLean used city employees, stationery, and postage to mail unsolicited letters requesting support during his unsuccessful bid last March to keep his City Commission seat.

Using information provided by the city, the state estimates the expense to taxpayers for the unsolicited material at $19.45.

By signing the settlement, or stipulation, Nov. 18, McLean admitted to the violations and at the same time indicated he had no intention of violating state ethics laws, Donnelly said. But because McLean withdrew the settlement Jan. 3, six days before the Ethics Commission was to have either finally approved or rejected the settlement, the settlement was voided.

Although Donnelly said stipulations are rarely withdrawn, it is McLean`s right to ask for a public hearing.

Larry Gonzalez, executive director of state`s Ethics Commission, said because the hearing, scheduled for Feb. 24, is being held in Davie, Donnelly will have to fly to Broward from Tallahassee a day before the hearing to interview witnesses and stay at a local hotel overnight.

After the hearing, transcripts of proceedings will be distributed to members of the Ethics Commission. If the transcripts are completed quickly, the commission may rule by April 3. If McLean is found innocent, the alleged violations are a dead issue.

If McLean is found guilty, the commission will send its recommendations to Gov. Bob Graham. If Graham accepts the recommendations, he may choose any range of punishment from public censure and reprimand to a $5,000 fine and removal from office.